City of Aubrey, TX Article 2 PROCEDURES

§ 1 General Requirements for Plats.

1.01 

Zoning Requirements.

(a) A property within the City’s corporate limits that is being proposed for Platting or Development must be properly zoned by the City prior to submission of a Development Application. In addition, the proposed development layout or Subdivision design shown on the proposed Plat must be in conformance with all standards and requirements prescribed in the Zoning Ordinance and these Subdivision Regulations.

(b) Noncompliance with the requirements of the zoning district in which the subject property is located, or lack of the proper zoning, shall constitute grounds for denial of a Development Application.

(c) Any Development Application submitted for approval by the City shall be in accordance with the City’s Zoning Ordinance, if the property is located within the City’s corporate limits. For property located within the City’s corporate limits or extraterritorial jurisdiction, any Development Application shall be in accordance with the City’s Comprehensive Plan, including all adopted water, sewer, storm drainage, future land use, park, recreation, open space and Thoroughfare plans. All Plats shall be prepared by a Registered Professional Land Surveyor (RPLS).

1.02 

Classification of Subdivisions and Additions.

(a) Before a Plat relating to any tract of land is filed for record with the County Clerk, the Property Owner shall apply for and secure approval of the required Subdivision Plat from the Planning and Zoning Commission and City Council, in accordance with the following procedures, unless otherwise provided within these Subdivision Regulations.

(b) Minor Subdivisions may be approved for residential or nonresidential properties. Minor Plat approval requires the submission of a Final Plat drawing and other submission materials required by the City. Lots may be conveyed or sold only when the Plat has been approved by the City and the Plat has been filed with Denton County.

(c) Major Subdivisions may be approved for residential or nonresidential properties. The procedure for approval of a Major Subdivision typically involves two steps: the submission of a Preliminary Plat and Final Plat as required in these Subdivision Regulations. All Major Subdivision Plats must be reviewed and approved by the Planning and Zoning Commission and City Council. If the land is required to be Platted, no conveyance or sale of any portion or Lot of the property may occur until after the Final Plat is approved by the Planning and Zoning Commission and City Council and filed with Denton County.

1.03 

Submission Requirements for All Types of Plat Applications.

In Addition to the requirements outlined herein for each type of Development Application, the City may maintain separate policies and procedures for the submission and processing of Applications including, but not limited to, Application forms, checklists for information to be shown on Plats, language blocks for Plats, and other similar items. The forms and paperwork are available in the Planning Department. These policies and procedures may be amended from time to time by the Planning Director, and it is the Applicant’s responsibility to be familiar with, and to comply with, these policies and procedures.

1.04 

Application Processing for All Types of Plats.

(a) 

Review of Plat for Completeness.

Every Application for approval of a Preliminary Plat, Site Plan, Final Plat, or Development Plat shall be subject to a determination of completeness by the Planning Director, who shall declare a completion filing date once accomplished. No Application shall be qualified for filing unless it is accompanied by all materials and information required by and prepared in accordance with the requirements of these Subdivision Regulations within the applicable application filing window. The Planning Director from time to time may identify additional requirements for a complete Application that are consistent with the Application content requirements and related standards set forth in these Subdivision Regulations. The Planning Director may also promulgate a reasonable fee for review of the Application for completeness not to exceed $500.00. Applicants participating in the pre-application conference processes offered by the City, or who are willing to agree or request extensions of deadlines and/or deemed filing dates for project materials shall be eligible for these fees to be carried over to future or repeat completeness reviews of filings and/or supplemental or revised applications.

(b) 

Incompleteness as Grounds for Denial.

The receipt or processing of an Application by any City official or employee prior to the time the Application is determined to be complete shall not be binding on the City as the official acceptance of the Application for filing, and the absence of a completion filing date marked on the application, or incompleteness of the Application if not cured in accordance with this section shall preclude filing and consideration before any board, commission, or City Council. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of these Subdivision Regulations.

(c) 

Pre-Application Conference.

A Property Owner may request a Pre-Application Conference(s) with the Planning Director or other City staff for purposes of identifying requirements that are applicable to a proposed Plat, general assistance with application materials, and coordination of submission timing. The request shall be made in writing on a form prepared by the Director of Planning and shall include an acknowledgment that the materials delivered to the City are not yet submitted for filing. Applicants who use the pre-application conference may avoid additional fees related to incomplete or defective submissions.

(d) 

Time for Making Determination.

Following submission of a Plat Application, the Planning Director shall make a determination in writing whether the plan or Application constitutes a complete Application suitable for filing not later than the 10th business day after the date the Application is submitted. If the Planning Director determines that an Application is incomplete, the written determination shall specify the documents or other information needed to complete the Application and shall state the date the Application will expire if the documents or other information is not provided. Complete applications shall be stamped with an application filing dates when set on an agenda for consideration by the approval body.

(e) 

When Deemed Complete.

An Application for approval of a Plat shall be deemed complete on the 11th business day after the Application has been received if the Applicant has not been notified that the Application is incomplete in accordance with this section.

(f) 

Time for Completing Application.

If an Applicant is timely notified that an Application is incomplete, and the Applicant fails to submit all materials and any other information specified in the Planning Director’s written determination within the application filing window corresponding to the next scheduled meeting of the reviewing body in accordance with his or her written notification, the Application will be deemed withdrawn and it will be returned to the Applicant together with any accompanying documents. The City may retain any fee paid for reviewing the Application for completeness, but shall apply fees paid to a subsequent application relating to the same property upon timely receipt of a written request from the Applicant which includes express agreement to a new application filing date for said application.

(g) 

Sequence of Applications.

Notwithstanding any other provision of these Subdivision Regulations to the contrary, an Application for a Preliminary Plat or Final Plat shall not be considered complete unless accompanied by a copy of the Zoning Ordinance or other certification verifying that the proposed use, Lots sizes and Lot dimensions for which the Application is submitted is authorized by the zoning district in which the property is located.

(h) 

Vested Rights.

No vested rights accrue solely from the submission or filing of an Application that has expired pursuant to this section, or from the submission or filing of a complete Application that is subsequently denied. No vested rights accrue based on an application that does not provide fair notice of the project and the nature of the permit sought.

1.05 

Submission Procedures and City Review Process for All Types of Plats.

(a) 

Submission Timing.

In order to provide the City with adequate time to review Plat Applications for compliance with these Subdivision Regulations, an Application for approval of any Plat shall only be filed by the Planning Director and filed with the City during an application filing window that is at least 20 calendar days, but no more than 30 calendar days prior to the next scheduled regular meeting of the body at which it is to be considered. Submission of application materials outside the application filing window or after the application filing deadline shall prevent filing with or consideration by the body responsible for review and/or result in a staff recommendation for denial of approval of the plat, unless the Applicant requests and agrees in writing that the application filing date of the filing of the plat shall be deemed to have occurred not more than 29 days prior to the next regular meeting of the body that follows a determination by the planning director that the application is complete.

(b) 

Submission Materials.

The Application shall include the following materials which shall be submitted to the Planning Director (or such Persons authorized by the Planning Department to accept Applications) for review in order for the Application to be deemed complete and capable of filing.

(1) A written Application form which bears the original signature(s) of the Property Owner(s) of the subject property, and certification that the Applicant is authorized to interact with the City on their behalf.

(2) The appropriate submission fee.

(3) The appropriate number of full size sets as stated on the Application form (available at the Planning Department) of full-size folded prints of the Plat, as required by the City’s current development review policies and requirements, a copy of each page in pdf or similar electronic format, and one black-and-white reduction of the Plat. The size and number of these prints and reductions shall be determined by the Planning Director.

(4) A copy of any applicable development agreement pertaining to the subject property, and for developments necessitating site plans under Chapter 14 of this code (as amended), a copy of the approved site plan(s) covering all property encompassed within the application.

(5) If an Application for approval of a Final Plat, a tax certificate from the Denton County Tax Assessor Collector showing that all taxes have been paid on the subject property, and that no delinquent taxes exist against the property, as shown in the Denton County deed records. Documentation shall also be included that shows no delinquent assessments, fees, or other debts or obligations to the City and which are directly attributable to the subject property.

(6) An Engineer’s summary report which describes, in as much detail as necessary, the following:

(i) The overall nature and scope of the proposed development, including zoning of the property, proposed use(s) and acreage of each proposed use, minimum lot sizes, average lot size, widths and depths, number of lots to be created, and special amenities or facilities that will be included in the development;

(ii) How the property will be served with required utilities and services;

(iii) How storm water drainage will be handled; and

(iv) An itemization and description of any waivers/suspensions from provisions of these Subdivision regulations that will be sought.

(7) Construction plans prepared by a professional Engineer for all of the infrastructure and site improvements required to serve the development (required only with the Final Plat Application).

(8) If located within the City’s ETJ; letters shall also be provided from each of the applicable utility service providers, including water, wastewater, gas, electricity, telephone, cable TV and solid waste, verifying their ability to provide an adequate level of service for the proposed development.

(9) If the development will involve 50 or more living units; a copy of a letter previously sent to Aubrey Independent School District which contains information relative to the size (with respect to the anticipated number of homes and/or school-age children), location and timing of the proposed development, and which includes an invitation to express any desire they may have to obtain a future school site within any portion of the subject property.

(10) Proof of land ownership as required in Section 1.06 below.

(11) A written statement signed by the Property Owner affirming that the Plat was filed with the City within the filing window described in Section 1.05(a), above. Said written statement and affirmation must be signed by the Property Owner under oath before a notary public.

(c) 

Other Submission Requirements.

(1) All Plat drawings and other corresponding plans and drawings, including engineering plans and landscape and screening plans shall be drawn to a standard Engineering scale of no more than 100 feet to the inch (1"=100'). In cases of large developments which would exceed the dimensions of the sheet at 100 foot scale, Plats may be on multiple sheets and in a format that will be acceptable for eventual filing at Denton County. If there are multiple sheets, then a key sheet is required.

(2) Other applicable information and materials may be deemed appropriate by the City, and therefore may be required by the City. Such materials must also be submitted for an Application to be determined as complete.

(3) All of the materials and plans specified within this Section 1.05 shall be submitted to the Planning Director for review in order for the Application to be deemed complete.

(d) 

City Staff Review.

Upon official submission of an Application for Plat approval within an application filing window, the City shall commence technical review of the development proposal by forwarding a copy of the Application and Plat to the City’s development review committee which shall include representatives of the franchised utility companies, TXDOT, AISD and appropriate personnel from various City Departments.

(1) City development review committee members shall review the Plat Application and shall ascertain its compliance with these and other applicable City regulations.

(2) Following City staff review of the Plat and supporting documents, and following discussions with the Applicant on any revisions deemed advisable and the kind and extent of improvements to be installed, the Applicant shall resubmit additional copies of the corrected Plat (and engineering plans, if applicable) to the Planning Department no later than seven days prior to the Planning and Zoning Commission meeting (or other deadline established by the Planning Department) for final staff review.

(e) 

Re-Submission and Scheduling.

(1) Failure to resubmit corrected copies of the Plat and other application materials (including engineering plans, if applicable) back to the City in time for within a response submission window to allow for adequate staff review prior to the Planning and Zoning Commission meeting shall be cause for the Planning Department to forward the Plat Application to the Commission as it was originally submitted rather than any revised version of the Plat unless the Applicant requests and agrees in writing that the date of filing of the Plat Application shall be deemed to have occurred not more than 29 days prior to the next regular meeting of the Planning and Zoning Commission that follows a determination by the Planning Director that the Application is complete. If supplemental materials are received less than seven calendar days prior to the corresponding meeting, the item shall remain scheduled for consideration in its original form in absence of the Applicant’s written request for additional time and a new filing date.

(2) If, upon re-submission of the corrected Plat to the City, the Planning Director determines that the Application does not comply with the technical requirements of the Subdivision Regulations, the Plat Application may be subject to expiration or disapproval in accordance with these Subdivision Regulations.

(3) After the Plat has been scheduled on an agenda (or at any time prior), the Applicant may request, in writing, to withdraw official filing of the Plat in order to allow the Applicant more time to correct deficiencies, address concerns, or otherwise improve the Plat pursuant to these Subdivision Regulations. After receipt of such a request, the City may reschedule action on the Plat to occur at a later meeting.

(f) 

Action by the Planning and Zoning Commission.

All properly filed Plat Applications that have not expired or been withdrawn shall be reviewed by the Planning and Zoning Commission and upon finding that the Plat is in complete conformance with the provisions of these Subdivision Regulations and with all other applicable regulations of the City, the Planning and Zoning Commission shall approve the Plat.

(1) The Commission shall review each Plat Application and shall take action to either approve the Plat Application or approve the Plat Application subject to certain conditions, or vote to deny the Plat Application, within 30 calendar days following the Application Filing Date.

(2) The Planning and Zoning Commission shall approve or deny the Plat Application, subject to the decision of the council when required, by a simple majority vote of the Commission members present and voting.

(3) If the Commission denies a Plat Application, the Commission shall state such disapproval in writing and clearly articulate the reasons therefore. The Commission’s decision to deny a Plat may be appealed to the City Council by the Applicant or by the City Administrator. However, appeals are generally only appropriate where the Applicant contends the Commission improperly interpreted or applied the City’s regulations to the application materials presented to it, or when changes of circumstances have obviated the basis for the Commission’s disapproval. If an Applicant seeks reconsideration of the project on the basis of amended application materials, an application denied by the Commission should return to that body for approval before it is fit for review by Council. Improper appeals seeking to modify the contents of an application are deemed responses to the Commission’s statement of reasons for denial, and processed accordingly.

(4) The written statement of reasons shall state that all responses from the Applicant are automatically denied, without further action by the commission, unless the Applicant’s response includes a signed certification from the planning department, stating that the Applicant conferred with City staff regarding the content of the response and the timing of its delivery to the City. An Applicant’s failure to include such certification renders any response by the Applicant void and may require the process to be restarted with a new application filing date.

(g) 

Action by the City Council.

All Plat Applications that have been approved, approved with conditions, or are subject to a timely appeal of a disapproval by the Planning and Zoning Commission shall be forwarded to the City Council.

(1) A Plat Application is not considered approved by the City until the Application has been approved by the City Council, unless otherwise expressly set forth in these Subdivision Regulations. An approval of a Plat Application by the Planning and Zoning Commission shall be deemed a recommendation to the City Council for approval. The City Council may reject the recommendation and deny the Plat Application if same is not in complete conformance with the provisions of these Subdivision Regulations and with all other applicable regulations of the City.

(2) The City Council shall approve, conditionally approve, or disapprove on the Plat within 30 days after the date the Plat is recommended for approval by the Planning and Zoning Commission or is deemed approved by the inaction of the Commission.

(3) A denial of a Plat Application by the Planning and Zoning Commission shall be deemed a recommendation to the City Council for denial, and therefore shall not be routinely scheduled for a council agenda unless an Applicant has timely submitted an appeal. When the Planning and Zoning Commission recommends denial of a Plat Application the City Council may reject the recommendation and approve the Plat Application only if same is in complete conformance with the provisions of these Subdivision Regulations and with all other applicable regulations of the City, as confirmed by the City Council following review of the application (along with any revisions, supplements, amendments, or replacement materials delivered to the City within the appropriate completion response submission window).

(4) If the City Council denies a plat application, it shall state such disapproval in writing and clearly articulate the reasons therefore in a written response to the Applicant. Failure to re-submit corrected copies of the plat and other supplemental application materials (including engineering plans, if applicable) back to the City within the response submission window allowing for adequate review prior to the scheduled council meeting shall be cause for City staff to recommend summary denial of the application and response. If supplemental materials are received less than seven calendar days prior to the corresponding meeting, the item shall remain scheduled for consideration in its original form in absence of the Applicant’s written request for additional time and a new filing date.

(5) The written statement or reasons shall state that all responses form the Applicant are automatically denied, without further formal action by the City Council, unless the Applicant’s response includes a signed certification from the planning department, stating that the Applicant conferred with City staff regarding the content of the response and the timing of its delivery to the City. An Applicant’s failure to include such certification renders any response by the Applicant void and may require the process to be restarted with a new application filing date.

1.06 

Proof of Land Ownership.

The City requires proof of land ownership prior to approval of any Development Application involving real property. Along with the Application submission, the Applicant shall provide evidence that he or she is the owner of record of the subject land parcel or parcels, or is the Property Owner’s authorized agent. The Planning Department shall have the authority to determine what document(s) the City will require to prove ownership, such as a letter of title guarantee from a license attorney; Title Policy, Title Commitment, or some other documentation that is acceptable to the City Attorney. If ownership cannot be conclusively established prior to the meeting date on which the Development Application will be heard, the City shall have authority to deny the Application on the basis of protecting the public interest. All owners and other persons, including any lien holders, whose consent is necessary to the effective dedication of the plat shall sign the owner’s certification before a Final Plat is filed for record with the County Clerk.

1.07 

Preliminary Plat Expiration and Extension.

(a) 

Expiration.

An approved Preliminary Plat shall expire and shall thereafter be deemed null and void if a Final Plat Application for all the land subject to the Preliminary Plat has not been approved within two years from the date of the City Council’s approval of the Preliminary Plat. Any subsequent expiration of the Final Plat shall also result in expiration of the Preliminary Plat for the same land. Upon expiration, or upon denial of a timely submitted request for extension of Plat approval, a new Preliminary Plat Application shall be required to be submitted, subject to requirements in effect at the time the new Application is filed with the City.

(b) 

Extension.

The City Council may extend the active status of an approved Preliminary Plat for a period not to exceed one year on the written request of the Applicant. The request must be filed before the Preliminary Plat expires and must document the reasons for the extension. In determining whether to grant a request, the Council shall take into account the reasons for the requested extension, the ability of the Applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. In granting an extension, the Council may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more newly adopted development standards.

1.08 

Construction Plans Expiration and Extension.

(a) 

Expiration.

Approved construction plans (and engineering plans, if required) for Public Improvements shall be valid for a period of two years from the date of Final Plat approval after which they shall expire and shall be deemed null and void. Upon expiration, or upon denial of a timely submitted request for extension of the approval of the construction plans, new construction plans shall be submitted, subject to requirements in effect at the time the construction plans are filed with the City.

(b) 

Extension.

The City Council may extend the approval of construction plans (and engineering plans, if required) for Public Improvements for a period not to exceed one year on the written request of the Applicant. The request must be filed before the construction plans expire and must document the reasons for the extension. In determining whether to grant a request, the Council shall take into account the reasons for the requested extension, the ability of the Applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. In granting an extension, the Commission may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more newly adopted development standards.

1.09 

Final Plat Expiration and Extension.

(a) 

Expiration.

An approved Final Plat shall expire and shall thereafter be deemed null and void if the Final Plat has not been recorded as required in Article 2, Section 4.07 within two years from the date of the City Council’s approval of the Final Plat. Upon expiration, or upon denial of a timely submitted request for extension of Plat approval, a new Preliminary Plat Application shall be required to be submitted, subject to requirements in effect at the time the new Application is filed with the City.

(b) 

Extension.

The City Council may extend a Final Plat for a period not to exceed one year on the written request of the Applicant. The request must be filed before the Preliminary Plat expires and must document the reasons for the extension. In determining whether to grant a request, the Council shall take into account the reasons for the requested extension, the ability of the Applicant to comply with any conditions attached to the original approval, whether extension is likely to result in timely completion of the project, and the extent to which any newly adopted regulations should be applied to the proposed development. In granting an extension, the Council may impose such conditions as are needed to assure that the land will be developed in a timely fashion and that the public interest is served, including compliance with one or more new adopted development standards.

1.10 

Conditional approvals.

Each body disapproving an application shall issue a written statement of conditions to be satisfied to qualify for approval, and each condition specified shall be directly related to the requirements of the applicable regulations and include citation(s) to one or more laws, statutes, or municipal ordinances that are the basis for the disapproval. The statement of conditions shall contain all of the conditions listed in staff recommendation which the Commission found unsatisfied on the date of their decision and those warranted by the body’s deliberations during the public meeting on the item. All conditional approvals of a plat or plan by the Commission or City Council shall include the following conditions within the City’s statement of conditions supplied to the Applicant:

(1) The Applicant’s response seeking to satisfy any or all of the conditions listed must include a signed certification from the Planning Department, confirming that the Applicant conferred with City staff regarding the content of the response and the timing of its delivery to the City, and failure to include such certification renders the Applicant’s response void.

(2) The conditional approval shall for all purposes constitute a disapproval by the body, effective the same date as the previous conditional approval and without additional formal action by the body, if the Applicant does not submit a “conditional approval response” which adequately addresses each condition of the conditional approval within a conditional approval response submission window, as verified by City staff and memorialized in the application file with a suitable certification document.

(3) A conditional approval response shall for all purposes constitute a disapproval by the body, effective on 14th calendar day following receipt of such a response, if it includes any modification or supplement that is unnecessary to address a deficiency stated by the City as constituting an improper response, without further action by the body. In such event, all conditions stated within the City’s statement of conditional approval constitute the reasons for disapproval by the body, along with the additional reason of violation(s) of this section.

(4) A conditional approval shall be deemed fully approved by the body, effective the same date as the conditional approval, automatically upon issuance of written confirmation by the planning director that City staff has verified that all conditions are fully satisfied within the conditional approval response submission window, and the appropriately revised submission fully complies with this chapter and other applicable regulations.

(5) A conditional approval by the Planning & Zoning Commission which has a corresponding confirmation issued by the Planning Director shall be set for consideration by the City Council without reconsideration by the Commission.

(6) If the City receives a suitable written request to withdraw filing of the conditionally approved application, which includes agreement that a new application filing date will apply to any future submissions for development of that parcel, the Planning Director may authorize any associated fees already received by the City to be applied to a subsequent plat or plan relating to the same parcel so long as the new filing occurs within 180 days of the date the filing withdrawal request was received.

1.11 

[1]Responses to disapproval. Each body disapproving an Application shall issue a written statement of reasons for the denial, and each reason specified shall be directly related to the requirements of the applicable regulations and include citation(s) to one or more laws, statutes, or municipal ordinances that are the basis for the disapproval. The statement of reasons shall contain all of the deficiencies listed in staff recommendation, with those additions or deletions warranted by the body’s deliberations during the public meeting on the item and directives to staff. Applicants are permitted, but not required, to request reconsideration of the application following corrective action to address the reasons for disapproval, and may submit amended or supplemental materials to City staff for administrative review prior to filing with the governmental body. Successive disapprovals of a previously disapproved application shall also be accompanied by a revised statement of reasons for disapproval.

(1) The City does not impose a deadline specific to submission of responses to the disapproval of a plat or plan, but Applicants are cautioned that responses are untimely if the project is determined to be dormant or abandoned, an Application is believed to be withdrawn on the basis of communications from the Applicant, or other operation of applicable regulation serves to require that development of the property be conducted under a new application. However, all Applicant responses to the statements of reasons for disapproval of a plat or plan supplied by the commission or council can only be submitted or received for filing during a response submission window. Any and all responses delivered to the City outside of strict conformity with this section shall not be received by, submitted to, or filed with the Commission or the City Council, and absent extraordinary circumstances will not appear on an agenda without an accompanying staff recommendation for denial (with a citation to this section), unless the Applicant first requests and secures an agreement with City staff regarding timing issues.

(2) Any Application that was previously disapproved by the Commission or Council, for which the Applicant delivers a response outside of strict conformity with the City’s response submission window or an applicable agreement under subsection (1) above, shall be deemed disapproved by that body for failure to conform to this section, effective on or before the 15th calendar day following delivery of the Applicant’s response to the City if outside of the response submission window or in failure to fully conform to the agreement terms. Such a deemed disapproval shall include a citation to this section in the statement of reasons for disapproval.

(3) A disapproval response from the Applicant which includes any modification or supplement that is unnecessary to address a deficiency stated by the City, or which is submitted outside of the response submission window, shall in most circumstances be summarily disapproved as constituting an improper response. In such event, any and all uncured reasons stated within the City’s statement shall be deemed to constitute the reasons for disapproval by the body and be included in a new response statement, along with the additional reason of a violation of this section.

[1] Original has this as Subsecton (k).

(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 680-20 adopted 4/28/20)

§ 2 Expiration of Permits, Generally, Dormant Projects, and Exemptions from Vesting.

(a) 

Expiration of Individual Permits.

If, after approval of any individual permit, no progress has been made towards completion of the project within two years of the approval of the permit, the permit shall expire and become null and void except to the extent otherwise expressly provided for in these Subdivision Regulations.

(b) 

Dormant Project.

A project shall become dormant and expire and all permits previously issued in connection with the project shall be null and void if, on the fifth anniversary of the date the first permit application was filed, no progress has been made towards completion of the project. The phrase “progress towards completion of the project” or similar phrase as used in this section includes the activities constituting such progress as set forth in Tex. Local Gov’t Code sec. 245.005.

(c) 

Effect of Expiration or Dormant Project.

Following the expiration of a permit or a project, any new Application shall be a wholly new and separate permit or project as compared with the dormant project that expired, and shall be subject to the regulations, rules, ordinances, and other laws in effect at the time of filing of the new Application and shall further be subject to the assessment of new fees to the fullest extent permitted by law.

(d) 

Projects, Permits and Other Activities that Never Vest Rights.

Notwithstanding any other provision of these Subdivision Regulations or other City rules, regulations or ordinances, the following are exempt from and not affected by any claim to vested rights:

(1) a permit that is at least two years old, is issued for the construction of a building or structure intended for human occupancy or habitation, and is issued under laws, ordinances, procedures, rules, or regulations adopting only: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; or (B) local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons;

(2) the City’s zoning regulations that do not affect landscaping or tree preservation, open space or park dedication, property classification, lot size, lot dimensions, lot coverage, or building size or that do not change development permitted by a restrictive covenant required by the City;

(3) regulations for sexually oriented businesses;

(4) fees imposed in conjunction with development permits, including but not limited to impact fees;

(5) regulations for annexation that do not affect landscaping or tree preservation or open space or park dedication;

(6) regulations for utility connections;

(7) regulations to prevent imminent destruction of property or injury to persons from flooding that are effective only within a flood plain established by a federal flood control program and enacted to prevent the flooding of buildings intended for public occupancy;

(8) construction standards for public works located on public lands or easements; or

(9) regulations to prevent the imminent destruction of property or injury to persons if the regulations do not: (A) affect landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage, building size, residential or commercial density, or the timing of a project; or (B) change development permitted by a restrictive covenant required by a municipality.

(Ordinance 585-16, sec. 2, adopted 12/15/15)

§ 3 Procedures and Submission Requirements for Preliminary Plat Approval.

3.01 

Generally.

The Applicant shall prepare a Preliminary Plat which shall include a utility layout and conceptual plans for the construction of the Subdivision and all associated Public Improvements, together with other supplementary materials as required by these Subdivision Regulations or by the City. For developments necessitating site plans under Chapter 14 of this code (as amended), a copy of the approved site plan(s) covering all property encompassed within the application must be included in the preliminary plat documents.

3.02 

Preliminary Plat Contents, Generally.

(a) The Preliminary Plat shall constitute only that portion of the property or Subdivision which the Applicant proposes to construct and record prior to the expiration of the Plat; provided, however, that such portion conforms to all the requirements of these Subdivision Regulations and with any other applicable regulations and codes of the City.

(b) The Preliminary Plat shall include all Contiguous property under the ownership or control of the Applicant unless otherwise approved by the Planning Director.

(c) The Contiguous property may contain more than one phase which, if so, shall be clearly identified on the Preliminary Plat.

(d) If not all of the Contiguous property is intended to be developed, prior to the expiration of the Plat, the portion that is not intended to be developed may be identified and treated as a Remainder Tract, if permitted by the Planning Director.

(e) With respect to Remainder Tracts, the following shall apply:

(1) A Remainder Tract is deemed to be that portion of a Contiguous property that is not included within the boundaries of a Preliminary Plat.

(2) A Remainder Tract shall not be considered a Lot or tract of the Subdivision that is shown on the Preliminary Plat.

(3) Approval of the related Preliminary Plat shall not constitute approval of development on a Remainder Tract.

(4) Information accompanying the Preliminary Plat Application for a Remainder Tract shall be deemed to be an aid to the Planning and Zoning Commission and City Council in taking action on the Preliminary Plat and may be used to determine whether development of the land subject to the Preliminary Plat will be adequately served by public facilities and services and is otherwise in compliance with these Subdivision Regulations, taking into account the development of the property as a whole. Information concerning the Remainder Tract, including topography, drainage, and existing and planned Public Improvements, may be considered in formulating conditions to approve the Plat Application.

(f) Based upon information submitted contained in a Preliminary Plat, including information related to a Remainder Tract, the Planning and Zoning Commission or City Council may require that additional or less land be included as part of the Preliminary Plat in order to satisfy the standards applicable to the Plat.

3.03 

Approval, Generally.

Approval of a Preliminary Plat by the Planning and Zoning Commission and City Council shall be deemed general approval of the Street and Lot layout shown on the Preliminary Plat, and shall not constitute acceptance or approval of the Final Plat.

3.04 

Standards for Approval.

(a) No Preliminary Plat shall be approved by the Planning and Zoning Commission or City Council unless the Plat conforms to these Subdivision Regulations, the Comprehensive Plan, and applicable zoning and other City regulations.

(b) Conditional approval is most appropriate when all such conditions imposed by the Planning and Zoning Commission and City Council (as specified in the City’s written statement) are capable of being verified by staff as fully satisfied by the Applicant within the next response submission window corresponding to the next stage in the review process, unless extended time for compliance is timely requested by the Applicant in writing. Conditional approval shall constitute denial by the reviewing body, effective the same date of the conditional approval, and shall expire within 30 days of action by the body unless all conditions imposed are satisfied and verified.

3.05 

Information Required Upon or With Preliminary Plat.

The proposed Preliminary Plat shall show information as specified on an Application form or packet provided by the Planning Department (see requirements set forth in Appendix A, incorporated in full as if set forth herein for all purposes).

3.06 

Revisions to Approved Preliminary Plat.

(a) Minor revisions to the Preliminary Plat are commonly required before the Final Plat is approved. Such minor revisions may include slight enlargement or shifting of Easements or Lot lines, addition of private or franchise utility Easements, correction of bearings or distances, correction of minor labeling errors, addition of erroneously omitted informational items and labels, etc. and such revisions may be delineated on the Final Plat without having to re-approve the Preliminary Plat. Whether or not revisions are “minor” in nature shall be determined by the Planning Director.

(b) Major revisions, if required, such as obvious reconfiguration of Lot lines or Easements, relocation of driveways or access Easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or addition or deletion of any Public Improvement (including corresponding Easement), shall necessitate re-submission and reconsideration of the Plat as a “revised Preliminary Plat” unless otherwise approved by the Planning Director. The procedures for such reconsideration shall be the same as for a Preliminary Plat. If an Application for a revised Preliminary Plat expires due to failure to submit a complete Application, or if the revised Preliminary Plat is complete, and considered by the Planning and Zoning Commission and the City Council and is denied, the previously submitted Preliminary Plat(s) may also be deemed to have been denied thus necessitating submission of a new Application governed by the regulations, rules and other laws in effect at the time of the submission of the new Application. In response to a timely request by the Applicant to withdraw the original application which includes an express statement that any resubmission of the project with major revisions shall be deemed to constitute a new project with a new application filing date, the planning director is authorized to apply some or all of the fees previously paid by the Applicant towards a new application relating to that same project.

(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 680-20 adopted 4/28/20)

§ 4 Procedures and Submission Requirements for Final Plat Approval.

4.01 The Final Plat shall be in accordance with the Preliminary Plat and any required site plan, as approved, and shall incorporate all applicable conditions, changes, directions and additions imposed by the Planning and Zoning Commission and City Council upon the Preliminary Plat. An application for approval of a Final Plat cannot be filed prior to approval or conditional approval of the Preliminary Plat (when required).

4.02 Only Final Plat Applications which include the required data, completed Application form, submission fee, number of copies of the Plat, record drawings, approved Engineering construction plans, and other required information will be considered complete, shall be accepted for filing by the City, and scheduled on a Planning and Zoning Commission agenda. Incomplete Final Plat Applications are ineligible for filing and will not be scheduled on a Planning and Zoning Commission agenda until the proper information is provided to City staff.

4.03 

Information Required Upon or With Final Plat.

The proposed Final Plat shall show information as specified on an Application form or packet provided by the Planning Department (see requirements set forth in Appendix B, incorporated in full as if set forth herein for all purposes)

4.04 

Engineering Plans.

As part of the Final Plat Application, the Applicant shall submit the required number of sets of the complete engineering or construction plans that have been approved by the City Engineer for all Streets, Alleys (if any), storm sewers and drainage structures, water and sanitary sewer facilities, screening and retaining walls, landscaping and irrigation, and any other required Public Improvements for the area covered by the Preliminary Plat. Engineering plans shall be in conformance with the Design Standards and with the requirements set forth within these Subdivision Regulations. The engineering plans shall also contain any plans deemed necessary to show or document compliance with any other applicable codes and ordinances of the City that are related to development of a land parcel. The engineering plans shall show information as specified on an Application form or packet provided by the Planning Department.

4.05 

Standards for Approval.

No Final Plat shall be approved by the Planning and Zoning Commission or City Council unless the following standards have been met:

(1) The Plat substantially conforms with the approved Preliminary Plat, as revised if revisions were a necessary condition for approval, and other studies and plans, as applicable; and

(2) The Plat and accompanying documents conform to these Subdivision Regulations, the Comprehensive Plan, and to applicable zoning, Subdivision and any other applicable codes or ordinances of the City that are related to development of a land parcel.

4.06 

Timing of Public Improvements.

(a) After approval of the Final Plat by the Planning and Zoning Commission and City Council, and following procurement of all applicable permits from other appropriate agencies (such as TxDOT, railroad authorities, TCEQ, U.S. Army Corps of Engineers, FEMA and/or Denton County), the Applicant shall cause a contractor(s) to install or construct the Public Improvements in accordance with the approved plans and the City’s Design Standards and at the Applicant’s expense.

(b) The Applicant shall employ Professional Engineers, Professional Registered Land Surveyors or other professionals as necessary to design, stake, supervise, perform and complete the construction of such improvements, and shall cause his or her contractor to construct the said improvements in accordance with these Subdivision Regulations, any approved construction plans and engineering plans, and with the City’s Design Standards, and any other applicable agency’s Design Standards. To the extent of any direct conflict between the foregoing requirements, the approved construction plans and engineering plans shall prevail.

(c) If the project will require a FEMA revision to a Flood Insurance Rate Map or other submittal required under the National Flood Insurance Program, or if the project otherwise triggers review under the City’s Flood Damage Prevention regulations set forth in this Code at Part II, Article 24, then the Application must be reviewed for compliance with said standards and requirements prior to approval of the Final Plat and prior to any construction activities (including but not limited to grading, clearing, grubbing, brush removal, etc.) on the site.

(d) When all of the Public Improvements constructed and a request is made for acceptance of same by the City, the Planning Director shall confirm that the Public Improvements have been completed in accordance with the approved plans and specifications and with all applicable City standards and regulations, and shall confirm receipt by the City of Aubrey of the required Maintenance Bond. In determining compliance, the Planning Director shall obtain from the Applicant: one sealed set of “As-Built” or “Record Drawing” mylar sepia and a digital copy of all plans (in a format as determined by the City Engineer); a signed letter bearing sealed certification by the design engineer confirming the contractors’ compliance with these Subdivision Regulations, and with all City construction standards set forth in the Design Standards and other applicable City design documents; and certification signed by the Property Owner before a notary that all dedications required for the Public Improvements have been fully conveyed. After said materials are received, and the Planning Director confirms compliance as set forth above, the Planning Director shall inform the City Manager of same and the City Manager shall receive and accept for the City of Aubrey the title, use, and maintenance of the Public Improvements, and shall provide written notice to the Applicant that its request for approval to record the Final Plat has been granted. No such approval shall be granted until compliance has been verified as set forth in this paragraph.

4.07 

Effect of Approval and Acceptance of Improvements.

As soon as is practical after the Final Plat has been approved by the City for recordation by the City in accordance with Section 4.06 (d) above, or, alternatively, approved for recordation because the Subdivider has provided sufficient Security in accordance with Article 6 of these Subdivision Regulations, the Planning Director shall cause the Final Plat to be recorded with the Denton County Clerk. No conveyance or sale of any portion or Lot of the property may occur until after the Final Plat is approved by the Planning and Zoning Commission and City Council and duly recorded. The recordation filing date noted by the county clerk on the Recorded Final Plat shall be deemed as the date the City granted approval of the Property Owner’s request to record the Final Plat. It is the Applicant’s responsibility to confirm that the Final Plat has been duly recorded, and an Applicant’s failure to confirm same is at the Applicant’s sole risk.

4.08 

Revisions to Approved Final Plat Prior to Filing at the County.

(a) Occasionally, minor revisions are needed before the Final Plat can be recorded. Minor revisions such as correction of bearings or distances, correction of minor labeling errors, Addition of erroneously omitted informational items and labels, etc. may occur on the record Plat prior to filing it without the Planning and Zoning Commission and City Council having to re-approve the Final Plat. Whether or not revisions are “minor” in nature shall be determined by the Planning Director. Major revisions, such as obvious corrections or reconfiguration of Lot lines or Easements, relocation of driveways or access Easements or fire lanes, any modification to the perimeter or boundary of the property, and relocation or Addition or deletion of any Public Improvements (including corresponding Easement), shall necessitate re-submission and re-approval of the Plat as a “revised Final Plat” unless otherwise approved by the Planning Director, as applicable. The procedures for such re-approval shall be the same as for a Final Plat. If an Application for a revised Final Plat expires due to failure to submit a complete Application, or if the revised Final Plat is complete, and considered by the Planning and Zoning Commission and the City Council and is denied, the previously submitted Final Plat and any Preliminary Plat(s) shall also be deemed to have been denied thus necessitating submission of a new Application governed by the regulations, rules and other laws in effect at the time of the submission of the new Application.

Subsequent to Final Plat approval by the Planning and Zoning Commission and City Council, the Applicant shall return signed and notarized mylar sepia copies of the Final Plat, as approved, along with any other required documents and fees necessary for filing the Plat with the County Clerk, to the Planning Department within 45 calendar days following approval, in accordance with requirements established by the City; or if construction of any Public Improvement is required prior to the filing of a Final Plat, the Owner or Developer shall return signed and notarized Mylar sepia copies of the Final Plat, as approved, along with any other required documents and fees necessary for filing the Plat with the County Clerk (including current documents required to show proof of ownership as outlined in Article 2, Section 1.06) to the Planning Department before said Public Improvements will be accepted by the City and before said Final Plat will recorded with the County Clerk.

(b) All Easements shall be included on the Final Plat, including the recording information for those Easements that are filed or recorded as separate instruments, as required by utility companies and the City of Aubrey prior to filing the Final Plat.

(c) If the required copies and materials are not returned to the City within the specified 45-day time frame, the approval of the Final Plat shall be null and void unless an extension is granted by the City Council.

(d) The City shall cause the Final Plat to be filed at the office of the County Clerk of Denton County in accordance with Article 2, Section 4.07 of these Subdivision Regulations.

(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 680-20 adopted 4/28/20)

§ 5 Development Plats.

5.01 

Authority.

This section is adopted pursuant to the Texas Local Government Code, Chapter 212, Subchapter B, sections 212.041 through 212.050, as amended.

5.02 

Applicability.

For purposes of this section, the term “Development” means the construction of any building, structure or improvement of any nature (residential or nonresidential), or the enlargement of any external dimension thereof. This section shall apply to any land lying within the City or within its extraterritorial jurisdiction in the following circumstances:

(1) the Development of any tract of land which has not been Platted or Replatted prior to the effective date of these Subdivision Regulations, unless expressly exempted herein; or

(2) the Development of any tract of land for which the Property Owner claims an exemption from the City’s Subdivision Regulations, including requirements to Replat, which exemption is not expressly provided for in such regulations; or

(3) the Development of any tract of land for which the only access is a private Easement or Street; or

(4) the division of any tract of land resulting in parcels or Lots each of which is greater than five acres in size, and where no Public Improvement is proposed to be dedicated or constructed.

5.03 

Exceptions.

No Development Plat shall be required, where the land to be developed has received Final Plat or Replat approval prior to the effective date of these Subdivision Regulations or a Final Plat or Replat has been filed in accordance with these Subdivision Regulations.

5.04 

Prohibition on Development.

No Development shall commence, nor shall any building permit, for any development or land division subject to this section, until a Development Plat has been approved by the Planning and Zoning Commission and City Council.

5.05 

Standards of Approval.

The Development Plat shall not be approved until the following standards have been satisfied:

(1) The proposed Development conforms to all city plans, including but not limited to, the Comprehensive Plan, utility plans and applicable capital improvements plans;

(2) The proposed Development conforms to the requirements of the Zoning Ordinance (if located within the City’s corporate limits) and these Subdivision Regulations;

(3) The proposed Development is adequately served by public facilities and services, parks and open space, to the extent necessary based on the nature of the Development, and in conformance with City regulations;

(4) The proposed development will not create a safety hazard on a public Street (such as by not providing adequate on-site parking or vehicle maneuvering space for a restricted-access/gated entrance);

(5) Appropriate agreements for acceptance and use of public dedications to serve the Development have been tendered; and

(6) The proposed Development conforms to the design and improvement standards contained in these Subdivision Regulations and in the City’s Design Standards, and to any other applicable codes or ordinances of the City that are related to development of a land parcel.

5.06 

Conditions.

The Planning and Zoning Commission and City Council may impose such conditions on the approval of the Development Plat as are necessary to insure compliance with the standards in Section 5.05 above.

5.07 

Approval Procedure.

The Application for a Development Plat shall be submitted to the City in the same manner as a Final Plat, and shall be approved, conditionally approved, or denied by the Planning and Zoning Commission and the City Council in a similar manner as a Final Plat.

5.08 

Submittal Requirements.

In Addition to all information that is required to be shown on a Final Plat, a Development Plat shall:

(1) Be prepared by a Registered Professional Land Surveyor;

(2) Clearly show the boundary of the Development Plat;

(3) Show each existing or proposed building, structure or improvement or proposed modification of the external configuration of the building, structure or improvement involving a change therein;

(4) Show all Easements and Rights-of-Way within or adjacent to the Development Plat; and

(5) Be accompanied by the required number of copies of the Plat, a completed Application form, the required submission fee (per the City’s current fee schedule), and a certificate or some other form of verification from the Denton County Appraisal District showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property in accordance with Article 1, Section 12 of these Subdivision Regulations.

(6) Be submitted to the Planning Department for review simultaneously with the Plat Application in the same manner as for a Final Plat, or the Application shall be determined to be incomplete and shall be subject to expiration in the same manner as other Plats under these Subdivision Regulations.

(Ordinance 585-16, sec. 2, adopted 12/15/15)

§ 6 Replatting.

6.01 

Replat Required.

Unless otherwise expressly provided for herein, a Property Owner who proposes to Replat any portion of an already approved and filed Final Plat, other than to amend or vacate the Plat, must first obtain approval for the Replat under the same standards and by the same procedures prescribed for the Final Platting of land by these Subdivision Regulations. All improvements shall be constructed in accordance with the same requirements as for a construction or Final Plat, as provided herein.

6.02 

Replatting Without Vacating Preceding Plat.

A Replat of a Final Plat or portion of a Final Plat may be recorded and is controlling over the preceding Plat without vacation of that Final Plat if the Replat:

(1) Is signed and acknowledged by only the owners of the property being Replatted;

(2) Is approved (after any public hearing on the matter when required under state law for those replats involving a variance or exception at which parties in interest and citizens have an opportunity to be heard by the City Council); and

(3) Does not attempt to amend or remove any covenants or restrictions previously incorporated in the Final Plat.

6.03 

Previous Requirements or Conditions of Approval Which Are Still Valid.

In Addition to compliance with Section 6.02 above, a Replat without vacation of the preceding Plat must conform to the requirements of this Section 6.03 if: (1) During the preceding five years, any of the area to be Replatted was limited by a zoning classification to residential use for not more than two residential units per Lot; or (2) Any Lot in the preceding Plat was limited by deed restrictions to residential use for not more than two residential units per Lot.

(1) Notice of the public hearing required under Section 6.02, if any, above shall be given before the 15th calendar day before the date of the hearing by publication in an official newspaper or a newspaper of general circulation in Denton County. Notice of the public hearings required to be held by state law shall also be given by written notice before the 15th calendar day before the date of the hearing, with a copy or description of any requested waivers/suspensions, sent to the Property Owners, as documented on the most recently approved ad valorem tax roll of the City, of Lots that are in the original Subdivision and that are within 200 feet of the Lot(s) to be Replatted. In the case of a Subdivision in the extraterritorial jurisdiction, the most recently approved County tax roll shall be used. The written notice may be delivered by depositing the notice, properly addressed with appropriate postage paid, in a post office or postal depository within the boundaries of the City.

(2) If the Replat requires a waiver/suspension as defined in Article 1, Section 10 of these Subdivision Regulations, and if the Property Owner(s) of 20% or more of the total land area of Lots to whom notice is required to be given under paragraph (1), above, file with the City a written protest of the Replatting before or at the public hearing, then approval of the Replat will require the affirmative vote of at least 3/4 of the members present of the City Council. For a legal protest, written instruments signed by the owners of at least 20% of the total land area of the Lots or land immediately adjoining the area covered by the proposed Replat and extending 200 feet from that area, but within the original Subdivision, must be filed with the City prior to the close of the public hearing. In computing the percentage of land area subject to the “20% rule” described above, the area of Streets and Alleys shall be included.

(3) Compliance with paragraph (2) above is not required for approval of a Replat for any part of a preceding Plat if the area to be Replatted was designated or reserved for other than single- or two-family (i.e., duplex) residential use by notation on the last legally recorded Plat or in the legally recorded restrictions applicable to the Plat. For example, for a Replat involving nonresidential property, a public hearing must be held for replats involving a variance or exception, pursuant to paragraph (2) above, but notice of the hearing does not have to appear in the newspaper and written notices do not have to be mailed to individual Property Owners within 200 feet of the subject property.

6.04 

Adding or Deleting Lots.

Any Replat which adds or deletes Lots must include the original Subdivision and Lot boundaries. If a Replat is submitted for only a portion of a previously Platted Subdivision, the Replat must reference the previous Subdivision name and recording information, and must state on the Replat the specific Lots which have changed along with a detailed “Purpose for Replat” statement.

6.05 

Vacation of Plat.

If the previous Plat is vacated as prescribed in Section 212.013 of the Texas Local Government Code, as amended, and as provided in Article 2, Section 8 of these Subdivision Regulations, a public hearing is not required for a Replat of the area vacated. It would, instead, be submitted as a new Subdivision Plat and reviewed accordingly.

6.06 

Approval Requirements.

The Replat of the Subdivision shall meet all the requirements for a Final Plat for a new Subdivision that may be pertinent, as provided for herein, including requirements that pertain to infrastructure, such as Streets and utilities. Approval of a revised Preliminary Plat may be required prior to the approval of a Replat if the Replat necessitates the construction of public infrastructure or requires amendments to previously approved infrastructure construction plans.

6.07 

Title of Replat.

The title shall identify the document as a “Final Plat” of the “__________ Addition, Block __________, Lot(s) __________, Being a Replat of Block __________, Lot(s) __________of the __________Addition, an Addition to the City of Aubrey, Texas, as recorded in Volume/Cabinet __________, Page/Slide __________of the Plat Records of Denton County, Texas”.

6.08 

Application for Replat.

An Application submittal for a Replat shall be the same as for a Final Plat, and shall be accompanied by the required number of copies of the Plat, a completed Application form, the required submission fee (per the City’s current fee schedule), and a certificate showing that all taxes have been paid on the subject property and that no delinquent taxes exist against the property. The Replat shall also bear a detailed “Purpose for Replat” statement which describes exactly what has been changed on the Plat since the original (or previous) Plat was approved by the City and filed at the County. A copy of all Application materials for a Replat shall be simultaneously submitted to the Planning Department for review in the same manner as for a Final Plat, or the Application shall be deemed incomplete.

6.09 

Recording of Replat.

The Replat shall be recorded at the County in the same manner as prescribed for a Final Plat, and approval of a Replat shall expire if all filing materials are not submitted to the Planning Department and if the Replat is not recorded within the time period specified for a Final Plat.

(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 686-20 adopted 8/25/20)

§ 7 Amending Plats.

7.01 An Amending Plat shall meet all of the informational, procedural, and relevant submission requirements set forth for a Final Plat.

7.02 

Submittal.

A copy of all Application materials for an Amending Plat shall be simultaneously submitted to the Planning Director for review in the same manner as for a Final Plat, or the Application shall be deemed incomplete.

7.03 

Permitted Purposes.

An Amending Plat may be recorded and is controlling over the preceding or Final Plat without vacation of that Plat, if the Plat being amended is signed by the Applicants only and if the Plat being amended is for one or more of the purposes set forth in this section. The procedures for amending a Plat shall apply only if the sole purpose of amending the Plat is to achieve at least one of the following:

(1) Correct an error in a course or distance shown on the preceding Plat;

(2) Add a course or distance that was omitted on the preceding Plat;

(3) Correct an error in a real property description shown on the preceding Plat;

(4) Indicate monuments set after the death, disability, or retirement from practice of the Engineer or RPLS responsible for setting monuments;

(5) Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding Plat;

(6) Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving Plats, including lot numbers, acreage, Street names, and identification of adjacent recorded Plats;

(7) Correct an error in courses and distances of Lot lines between two adjacent Lots if:

(i) both Lot owners join in the Application for amending the Plat;

(ii) neither Lot is abolished;

(iii) the amendment does not attempt to remove or modify recorded covenants or restrictions or Easements; and

(iv) the amendment does not have a material adverse effect on the property rights of the owners in the Plat;

(8) Relocate a Lot line to eliminate an inadvertent encroachment of a building or other improvement on a Lot line or Easement;

(9) Relocate one or more Lot lines between one or more adjacent Lots if:

(i) the owners of all those Lots join in the Application for amending the Plat;

(ii) the amendment does not attempt to remove or modify recorded covenants or restrictions or Easements; and

(iii) the amendment does not increase the number of Lots; or

(10) Make necessary changes to the preceding Plat to create six or fewer Lots in the Subdivision or a part of the Subdivision covered by the preceding Plat if:

(i) The changes do not affect applicable zoning and other regulations of the City;

(ii) The amendment does not attempt to remove or modify recorded covenants or restrictions or Easements; and

(iii) The area covered by the changes is located in an area that the Planning and Zoning Commission has approved, after a public hearing, as a residential improvement area.

(11) Replat one or more Lots fronting on an existing Street if:

(i) the owners of all those Lots join in the Application for amending the Plat;

(ii) the amendment does not attempt to remove or modify recorded covenants or restrictions or Easements;

(iii) the amendment does not increase the number of Lots; and

(iv) the amendment does not create or require the creation of a new Street or make necessary the extension of municipal facilities.

7.04 

No Requirement for Notice or Public Hearing.

Notice, a public hearing, and the approval of other Lot owners are not required for the approval and issuance of an Amending Plat.

7.05 

Title.

The Amending Plat shall be entitled and clearly state that it is an “Amending Plat”, and it shall include a detailed “Purpose for Amending Plat” statement which describes exactly what has been changed on the Plat since the original (or previous) Plat was approved by the City and filed at the County. It shall also state the specific Lots affected or changed as a result of the Amending Plat, and shall include the original Subdivision Plat boundary.

7.06 

Procedure.

Other than noted above, the procedure for approval of Plat amendment(s) shall be the same as for Final Plat.

7.07 

Recordation.

The Amending Plat shall be recorded with the County Clerk in the same manner as prescribed for a Final Plat, and approval of an Amending Plat shall expire if all required recording filing materials are not submitted to the City and if the Amending Plat is not recorded within the time periods specified for a Final Plat.

(Ordinance 585-16, sec. 2, adopted 12/15/15)

§ 8 Plat Vacation.

8.01 

By Property Owner.

The Property Owner of the tract covered by a Plat may vacate, upon approval by the Planning and Zoning Commission and City Council, the Plat at any time before any Lot in the Plat is sold. The Plat is vacated when a signed, acknowledged instrument declaring the Plat vacated is approved and recorded in the manner prescribed for the original Plat.

8.02 

By All Lot Owners.

If some or all of the Lots covered by the Plat have been sold, the Plat, or any part of the Plat, may be vacated on the Application of all the owners of Lots in the Plat with approval obtained in the manner prescribed for the original Plat.

8.03 

Criteria.

The Planning and Zoning Commission and City Council shall approve the petition for vacation on such terms and conditions as are in accordance with section 212.013 of the Texas Local Government Code (as amended), and as are reasonable to protect the public health, safety and welfare. As a condition of vacation of the Plat, the Planning and Zoning Commission may direct the petitioners to prepare and seek approval of a revised Final Plat in accordance with these Subdivision Regulations such that the property is not without a Plat.

8.04 

Effect of Action.

On the execution and recording of the vacating instrument, the vacated Plat shall have no effect. Regardless of the Commission’s and Council’s action on the petition, the Property Owner will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the Commission and City Council.

8.05 

City-Initiated Plat Vacation.

(a) 

General Conditions.

The City Council, on its motion and following a public hearing on the matter, may vacate the Plat of an approved or recorded Subdivision or Addition when:

(1) Construction on the Improvements required for the Development have not been completed within two years following the date the Plat was approved by the City;

(2) No Lots within the approved Plat have been sold within five years following the date that the Plat was approved by the City;

(3) The Property Owner has breached a Subdivision Improvement Agreement (see Article 6) and the City is unable to obtain funds with which to complete construction of Public Improvements, except that the vacation shall apply only to Lots owned by Property Owner or its successor; or

(4) The Plat has been of record for more than five years and the City determines that the further sale of Lots within the Subdivision or Addition presents a threat to public health, safety or welfare, except that the vacation shall apply only to Lots owned by the Property Owner or its successors.

(b) 

Procedure.

After review and recommendation by the Planning and Zoning Commission, and upon any motion of the City Council to vacate the Plat of any previously approved Subdivision or Addition, in whole or in part, the City shall publish notice in a newspaper of general circulation in the City before the 15th day prior to the date of the public hearing at which the Plat vacation shall be heard by the City Council. The City shall also provide written notice to all Property Owners within the Subdivision or Addition. The notice shall state the time and place for a public hearing before the Council on the motion to vacate the Subdivision or Addition Plat. The Council shall approve the Plat vacation only if the criteria and conditions cited above are satisfied.

(c) 

Record of Plat Vacation.

If the City Council approves vacating a Plat, the City shall cause a copy of the Plat vacation instrument to be recorded in the office of the County Clerk of Denton County along with an exhibit showing a drawing of the area or Plat vacated. The County Clerk shall write legibly on the vacated Plat the word “vacated” and shall enter on the Plat a reference to the volume and page at which the vacating instrument is recorded. If the City Council vacates only a portion of a Plat, it shall cause a revised Final Plat drawing to also be recorded which shows that portion of the original Plat that has been vacated and that portion that has not been vacated. Upon the execution and recording of the vacating instrument the vacated Plat (or the vacated portion of the Plat) has no effect.

(Ordinance 585-16, sec. 2, adopted 12/15/15)

§ 9 Minor Plats.

9.01 Minor Plat required and may be utilized when a tract or parcel of land has not been previously platted and filed of record and the following criteria has been met:

(a) The tract is to be subdivided into four (4) or fewer lots;

(b) The tract fronts on an existing public street;

(c) The development does not require the creation of any new street or the extension of municipal or other public facilities; and

(d) The plat of the proposed development does not require a public hearing due to variances, City ordinances, or other requirements of state law or for filing of record.

When all four (4) of the above listed criteria exist, a minor plat may be approved administratively by the Planning Director, upon the Planning Director's determination that all applicable regulations of City of Aubrey Subdivision Ordinance have been met by the applicant. Notwithstanding the foregoing, in his/her sole discretion, the Planning Director may defer consideration of a minor plat application to the Planning and Zoning Commission and City Council in accordance with the requirements for approval of final plats under the Subdivision Regulations.

9.02 

Submission Requirements.

A Minor Plat application shall meet all of the informational, procedural, and relevant submission requirements set forth for a Final Plat under these Subdivision Regulations.

9.03 

Application Materials.

A copy of all Application materials for a Minor Plat shall be simultaneously submitted to the Planning Department for review in the same manner and in accordance with the same procedure as required for submission of Application materials for a Final Plat, or the Application shall be deemed incomplete.

9.04 

No Requirement for Notice and Public Hearing.

Notice, a public hearing, and the approval of other Lot owners are not required for the approval a Minor Plat.

9.05 

Title.

The Minor Plat shall be entitled and clearly state that it is a "Minor Plat."

9.06 

Recordation.

The Minor Plat shall be recorded in the same manner as prescribed for a Final Plat, and approval of a Minor Plat shall expire if all required recording filing materials are not submitted to the City and if the Minor Plat is not recorded within the time periods specified for a Final Plat.

(Ordinance 585-16, sec. 2, adopted 12/15/15; Ordinance 775-23 adopted 1/26/2023)